(영문) 대구지방법원 2019.06.14 2019노1322 | 리걸엔진

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(영문) 대구지방법원 2019.06.14 2019노1322

폭력행위등처벌에관한법률위반(공동폭행)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and two months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too unfortunate and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

It is recognized that the defendant had already been punished five times in total due to the violation of the Punishment of Violences, etc. Act, including one punishment, and that there was a criminal record of a total of four times in total including one suspended sentence due to drinking driving, refusal of alcohol measurement, driving without a license, etc., and that the judgment of a suspended sentence was finalized on January 19, 2018. The two-year suspended sentence was finalized on June of imprisonment due to drinking driving, etc., and the crime of this case was committed during the suspended sentence period. The victim of the traffic accident of this case was five or more victims, the defendant was unable to agree with the victims, and the defendant was absent several times in the course of the judgment of the original court of this case.

However, it is also recognized that the Defendant’s full recognition of and reflects on the instant crime, the agreement with C, the victim of the instant joint assault, the degree of injury suffered by the victims of the instant traffic accident, the degree of alcohol level of the Defendant’s blood alcohol level is relatively low to 0.076%, the Defendant’s suffering from disease, such as liveration, is not good, and the Defendant’s economic condition is not good.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit.

참조조문

-폭력행위 등 처벌에 관한 법률

-형사소송법

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